*Ref. Prelim. ruling “Bergspecht” (OGH)

After the very confusing Wein&Co decision, in which the Austrian Supreme Court (OGH) found that ads bearing an opponents brand (Adv+) violate Austrian trademark law, the court in the Bergspecht case approached the ECJ concerning ads that don’t (Adv-).

Furthermore the OGH brought forward questions on the likeliness of confusion depending on the position of the (Adv-) advertisement .

In its Wein&Co decision the OGH found that Ads displayed above the search results (Top Ads) are to be seen as part of the search results[!] (ergo: Keyword Buying).
In Bergspecht the court refers to Top Ads as “advertisement being a part of and/or not clearly labelled as advertisement“.


For a German version of the chart please press >>here<<

0 Responses to “*Ref. Prelim. ruling “Bergspecht” (OGH)”

  1. Leave a Comment

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

This Satelite Doesn’t Beep But It ‘Tweets’

Please click here if you want to follow this blog on Twitter.

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 94 other followers

Author’s Rights


Stopline.at - Online reporting hotline for child pornography and nationalsocialist content on the internet
JuraBlogs - Die Welt juristischer Blogs

Previous Posts:

RSS Goldman’s Tech & Marketing Blog

  • An error has occurred; the feed is probably down. Try again later.

RSS WIRED Epicenter

  • An error has occurred; the feed is probably down. Try again later.
wordpress stat

%d bloggers like this: